Accident at Work Involving Diesel Truck, Liability
My question involves injury or loss that occurred in the state of: Illinois
I am a traffic guard at a warehouse in Illinois which has a entrance (inbound) traffic lane and a exit (outbound) traffic lane on the opposite side of the building. I work in the outbound guard house and had been on the job for a year at the time of the accident.
A truck driver (I'll call him TD #1) entered the exit (outbound) lane by mistake at approx. 2am at night and drove up to the guard house where I was at. The company does not have a gate on the exit lane but there was a sign out on the street that states "do not enter" and "exit traffic only" which the driver claims he did not see. At the time (TD #1) entered the wrong way into exit lane I had another truck driver (I'll call him TD #2) stopped at my guard house window facing the opposite direction. In other words he was heading in the right direction and after I finished processing his shipment (TD #2) would of proceeded down the outbound lane and exited the facility.
(TD #1) drove up the lane about 150ft and parked his tractor/trailer on the right curb. He ran up to my window and wanted to know if he was at the correct warehouse. I looked at his bills and advised him yes he was at the correct warehouse but he had entered the facility the wrong way via the exit lane. I told him to go back to his tractor and that I would be with him when I finished with (TD #2) already at my window, our policy is not to have driver walking around but rather keep them in there trucks. I proceeded then to process (TD #2) and then approx 1-2 minutes later I heard (TD #1) engine rev up and I turned to see that he was attempting to back a 53ft trailer out of the exit lane, a u-turn was not possible, across a divided highway with no flagman out on the street to stop traffic. Before I could even get out of the Guard house a car t-boned the back of his trailer. Regrettably, the person who hit the trailer was severly hurt and may never walk again.
I gave a statement to a insurance investigator a few months after the accident stating the above facts. A few months after that I had a follow up meeting with the same investigator and was shocked to hear both (TD #1) and (TD #2) had given statements that I TOLD (TD #1) TO BACK OUT which did not happen, it's against our policy. I have no idea why (TD #2) would say such a thing unless he had a beef with my employer at the time and I pray I get a chance to meet up with him again. (TD #1) made the decision to back out on his own, IMO he was in a hurry and he did not want to wait for me to finish processing (TD #2). Prior to hearing these claims I had no worry about any involvement in the suit but from that day forward I have been gripping ever since because its 2 against 1 in the old "He said, He said" evidence argument.
About a year after the accident I was informed that the company I work for was being sued by the trucking company of (TD #1). The defense lawyer tried to explain to me what is going on but it is hard for me to understand.
Basically it is a "3-way" lawsuit as he explained with the victim suing the trucking company and the trucking company is suing my employer under grounds of poor sign usage/display and lack of assistance from the guard, which is me. So I am personally not named in this suit but I am worried about follow up law suits by the victim etc as a result of the initial suit.
As I post this story today it has been 2 yr. and 12 days since the night of the accident and other than my employers insurance investigator and our defense lawyer I have not been contacted during this entire time by either the victim's counsel or the trucking company for (TD #1). Unfortunately though, last month the company that employed me at the warehouse at the time of the accident lost the contract and I now work for a new employer which makes things even more complicated. The defense lawyer for my former employer wants to retain me but I don't know if that is a good idea or not....I don't want to make it look like I am picking sides or trying to profit from this if it goes to trial. The trial is scheduled for March '09. I am scheduled to give a "evidence" deposition, requested by trucking company lawyer, next month where I've been told he is going to "come after me" to try and pin the blame on me but I would be prepped.
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So here.....finally.....are my questions I am interested in getting some general advice on. I will likely seek counsel from a personal injury lawyer before I give my deposition but I thought I would take advantage of this service for now.
- The statute of limitations on personal injury in Illinois is 2yrs, do I even have anything to worry about since it has been over 2yrs since the night of the accident? Since I am not named in this suit, has enough time passed to prevent any future litigation from either the victim or the trucking company as a result of evidence discovered in the initial suit?
- Is the victim and the trucking company lawyers only worried about the insurance money or do you think they might sue me even though I don't have any assets really other than personal items and a 401K. I own my home but it is mortgaged through a bank and my I still owe on my car as well. Worse case scenario, if I am sued later and a money judgement is forced on me will I be able to save my house and 401K via Bankruptcy?
- Can I now trust the defense lawyer representing my former employer? Do you think he will try and use me since I am no longer a employee or even try and shift focus all on me to clear the company?
- Could I be charged with purgery if I testify in court that I did not tell (TD #1) to back out of the exit lane, remember (TD #1 - TD #2) both gave statements that I told (TD #1) to back out even though I didn't? Would it be safer to say I don't recall telling the driver to back out since it has been over two years from the night of the accident, to be safer? I want to tell the truth but it will be 2 against 1 in this argument and what will a jury think?
- Should I let my former employer retain me as a witness or could it come back to haunt me. Could it be used as a advantage to me later down the road via a immunity deal from the trucking company plantiff's lawyer in that if I let them retain me to testify against my former employer about the poor sign display, if the suit even goes to trial in March '09.
I would appreciate any opinions from qualified individuals on this matter.
Thanks!!
Re: Accident at Work Involving Diesel Truck, Liability
That's unreasonably long. Got a short version?
If the statute of limitations has run and you haven't been sued, you can reasonably expect that you won't be sued.
If you testify under oath, testify honestly.
If you are subpoenaed to testify by your ex-employer, you have to testify whether you like it or not.